Universal-Womens-accesss-to-justice-Publications-Practitioners-Guide-Series-2016-ENG

238 PRACTITIONERS GUIDE No. 12
terms of stigma and rejection by their families and
communities”. 643
These harmful assumptions of a woman’s untrustworthiness
often puts an unreasonable emphasis on the need for additional
evidence to corroborate the woman’s evidence, such as medical
evidence and independent witness testimony. This sets the
burden of proof in establishing the offence much higher for
women subjected to rape and sexual violence than persons
subject to other kinds of offences.
The CEDAW Committee has recommended that States parties
abolish “corroboration rules that discriminate against women as
witnesses, complainants and defendants by requiring them to
discharge a higher burden of proof than men in order to
establish an offence or to seek a remedy”. 644
States should abolish the corroboration rule in legislation by:
Indicating that requiring corroboration of the
complainant’s evidence in sexual violence cases is
unlawful;
Creating an assumption of the complainant’s credibility
in sexual violence cases;
Stating that the complainant’s credibility in a sexual
violence case is the same as in any other criminal
proceeding. 645
Torturous and unscientific “tests” for sexual experience
or “virginity”
An examination by a doctor to prove either “virginity”, or that
the woman was accustomed to sexual intercourse, is common
in some jurisdictions. This involves either a visual examination
643
Amnesty International, “Rape and sexual violence: Human rights
law and standards in the International Criminal Court”, 1 March 2011,
AI Index IOR 53/001/2011, page 36.
644
CEDAW General Recommendation No 33, above note 569,
paragraph 25(a)(iii).
645
UN Handbook for Legislation on Violence against Women, above
note 511, page 43.